SR 10-22 Dated 07/10

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases the annual July updates to the following spousal impoverishment figures used to determine the amount of income an institutionalized individual may give to a community spouse:

�   the maximum income standard (MIS); and

�   the excess shelter deduction (ESD).

The spousal impoverishment figures will remain unchanged from the 2009 figures.

This SR also releases an unrelated change to the QMB/SLMB/SLMB135 resource limits to incorporate policy released in the Director's Memo dated April 9, 2010, subject line, SSA LIS Applications Medicare Savings Programs (QMB/SLMB).

POLICY

In accordance with the spousal impoverishment provisions of Section 1924(d)(2)-(4) of the Social Security Act, the maximum income standard (MIS) and excess shelter deduction (ESD) figures used to determine the amount of income an institutionalized individual may give to a community spouse must be updated annually to reflect the federal poverty income guidelines (FPGs).

Since no new federal poverty guidelines have been published for 2010, the 2009 FPGs will remain in effect and the 2010 MIS and ESD figures will remain unchanged from last year.

�   the MIS remains at $1,822 per month; and

�   the ESD remains at $547 per month.

UNRELATED QMB/SLMB/SLMB135 RESOURCE LIMIT CHANGE

Per the Director's Memo dated April 9, 2010, subject line, SSA LIS Applications Medicare Savings Programs (QMB/SLMB), the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) mandated that the resource limits for QMB/SLMB/SLMB135 match the full Low Income Subsidy (LIS) resource limits. The asset limits for QMB/SLMB/SLMB135 were previously set at $4,000 for an individual and $6,000 for a couple. Retroactively effective to January 1, 2010, the resource limits for QMB/SLMB/SLMB135 are now:

�   $6,600 for an individual; and

�   $9,910 for a couple.

These resource limits will be adjusted annually on January 1 starting in 2011 and do not include the $1,500 per person exemption for burial expenses. Further details and instructions for FSS were released in the Director's Memo.

Note: The resource limit for Qualified Disabled Working Individuals (QDWI) was not changed by MIPPA.

NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION

No New HEIGHTS changes are necessary to implement the spousal impoverishment updates as the figures remained the same as last year.

New HEIGHTS incorporated the updates in the QMB/SLMB/SLMB135 resource limits in early March 2010.

POLICY MANUAL REVISIONS

Revised Family Assistance Manual Topics

Section 717.05  Who is Eligible for Medicare Part A Buy-In?

Revised Adult Assistance Manual Topics

Section 407.05  QDWI Resource Limits

Section 407.07  QMB, SLMB and SLMB135 Resource Limits

Section 627.03  Allocation to a Community Spouse

Section 627.05  Allocation to Dependents Who Reside with the Community Spouse

IMPLEMENTATION

The policy released in this SR is effective:

�   July 1, 2010 for the spousal impoverishment policy; and

�   January 1, 2010 for the QMB/SLMB/SLMB135 resource limit policy.

CLIENT NOTIFICATION

In early July, DFA State Office will notify all institutionalized individuals with community spouses and their community spouses that the spousal impoverishment figures will remain unchanged from the 2009 levels. The letters also include information about the Personal Needs Allowance increase (see SR 10-21, dated July, 2010 for further information). A copy of each of the letters is attached for reference.

No special notification is planned for the change in the QMB/SLMB/SLMB135 resource limits.

TRAINING

No training is needed or planned regarding the unchanged spousal impoverishment figures.

A Director's Memo was released on 4/9/10 with the new QMB/SLMB/SLMB135 resource limits and special instructions for FSS.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.nh.gov/DHHS/DFA/LIBRARY, effective June 28, 2010. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Adult Assistance Manual.

DFA/KD:s